Md Islam @ Islam Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11246 of 2024 Arising Out of PS. Case No.-770 Year-2022 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Md Islam @ Islam Ahmad S/o Kamruddin Resident of Village - Lala Toli Mogalpura Patna City, P.S. - Khajekalan, District - Patna ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Taranum Praveen D/o Md Iqbal, W/o Md Islam @ Islam Ahmad Resident of Village - Kharagpur, P.O. - Kharagpur, P.S. - Sonwarsha Kachahari, District - Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo, Adv.
For the State Mr. Parmanand Prasad, APP For the O.P. No. 2 :
Mr.Pawan Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Complain Case No. 770 of 2022 registered for the offences punishable under Sections 498(A), 323, 504 of the Indian Penal Code.
3. Petitioner is husband of opposite party no. 2 and both parties are ready to settle the dispute.
4. Without going into the merits of the matter, the petitioner above-named, in the event of his arrest or
Patna High Court CR. MISC. No.11246 of 2024(2) dt.12-03-2024 2/3 surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail provisionally for a period of six months on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Saharsa in connection with Complain Case No. 770 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
5. The court below is directed to make suitable effort for the purpose of conciliation between the parties.
6. The petitioner and the opposite party no. 2 would have the opportunity to work out an amicable resolution of the issue.
7. If an amicable resolution is worked out within six months, petitioner would be entitled to confirmation of his provisional bail.
8. If, on the other hand, the issue is not resolved between the parties, the Court below, needless to say, would be well within its jurisdiction to exercise its judicial discretion and pass appropriate orders, which may include cancellation of the petitioner's provisional bail.
Patna High Court CR. MISC. No.11246 of 2024(2) dt.12-03-2024 3/3
9. This application stands disposed of in the aforesaid terms.
(Alok Kumar Pandey, J) shahzad/- U T